The Supreme Court on Friday dismissed a lawsuit filed by several state governments, including Kogi, which sought to challenge the establishment and operational powers of Nigeria’s key anti-corruption agencies, namely the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Nigerian Financial Intelligence Unit (NFIU).
The court’s decision resolved longstanding debates surrounding the jurisdiction of federal agencies in investigating and prosecuting corruption cases involving state officials.
A seven-judge panel, led by Justice Uwani Abba-Aji, unanimously agreed that the suit lacked merit.
Justice Abba-Aji delivered the lead judgment, criticizing the plaintiffs for what she described as a “selfish” legal action.
She noted that Kogi State, the primary plaintiff, had brought attention to its own alleged financial misconduct by claiming that EFCC had investigated state officials, thus “opening the can of worms” and exposing itself as a “puppet” for corrupt practices.
The ruling reaffirmed the legitimacy of EFCC, ICPC, and NFIU’s powers to investigate and prosecute crimes at both the federal and state levels.
Justice Abba-Aji emphasized that, while states may establish their own anti-corruption agencies, these cannot override or conflict with the powers granted by the National Assembly to the federal agencies.
She further stated, “No state has the right to enact a law that is inconsistent with the laws enacted by the National Assembly,” thus affirming the supremacy of federal anti-corruption laws.
The suit had been filed at a time when Kogi’s former governor, Yahaya Bello, was facing multiple investigations by EFCC for alleged financial misconduct, including the diversion of billions from state funds.
While the suit progressed, EFCC filed fresh fraud charges against Bello, including allegations of embezzling over N110 billion. Despite several court summons, Bello has yet to appear in court to face the charges.
As the suit gained traction, other states, including Kebbi, Katsina, and Sokoto, joined the legal challenge, though some states like Benue and Jigawa later withdrew.
The states argued that the EFCC Act, being based on a United Nations convention against corruption, should have been ratified by a majority of state houses of assembly, as required by Section 12 of the Nigerian Constitution.
However, the court rejected this argument, clarifying that conventions do not require such ratification, and affirmed the federal government’s authority to enact such laws without state approval.
The ruling also addressed the NFIU, stating that its guidelines are legally binding. Justice Abba-Aji asserted that NFIU’s actions in regulating local government funds were within constitutional bounds, as the National Assembly’s enactments are applicable to all states.
The decision was seen as a significant win for the federal government, reinforcing the authority of federal anti-corruption bodies.
Rotimi Oyedepo, representing the Attorney-General of the Federation (AGF), expressed satisfaction with the ruling, asserting that it definitively settled the legality of the anti-corruption agencies.
However, Kogi’s Attorney-General, Abdulwahab Mohammed, acknowledged the ruling saying it would contribute to the country’s legal jurisprudence..
